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Can council name an out of area mainstream school instead of a local school if both can meet need?
We visited a large number of local mainstream schools (including some suggested by SEN case worker) but didn't think any of them could meet the needs in the EHCP. Therefore we named a specialist school, and an out of area mainstream more experienced in supporting children with similar needs to our daughter. The LA consulted with an additional 4 schools which we / SEN case worker did not consider. We had been clear to our SEN Caseworker that our preference was for a mainstream school if they could meet all of the needs in the EHCP, but that we had not found one locally.
LA named the out of area mainstream due to 'parental preference', and are therefore saying they won't provide transport as they could have named a local school.
What are the scenarios where LA can name a school that was not listed in parental preference? Can LA account for broader information by provided by the parents, not just the actual listed schools?Charlotte G
15 Mar 2024
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Can we appeal for transport to specialist school if we've said we'll organise it?
D14, autistic, SPD has been given a placement at an independent specialist. Nearest mainstream said they could still meet need (though they have to say that, right?) so we've had to agree to transport my daughter. Daughter lives with dad (my ex) and he now says he can't transport every day (he's a lecturer and his work can't put all his lectures during her school hours). I'm 90 minutes away and disabled. The EHCP is still in draft as moved from one LA to current after draft received and EHCP is vague and missing huge amount of necessary detail. Annual Review to be held 6 weeks into first term to transfer ECHP into new LA's format etc. Main issue for my daughter is environment so mainstream could meet academic need but she'd not be able to attend as she needs a small, quite setting. Is there any point trying to appeal this? Do I wait until the Annual Review and hope the EHCP is more detailed and therefore it's easier to prove that the mainstream can't meet need? Very frustrated that I've worked for a year to get her an EHCP and a suitable placement for her to risk losing it!
Lindsay Ellis Holland
25 Aug 2023